graceified

This Article’s analysis shows that virtual worlds exhibit —in practice at least — few of the indicators of the rule of law. The reasons for the failure de-pend on source of regulation. Market based regulations, such as contracts, lack neutral and consistent enforcement mechanisms. Code based constraints are often implemented arbitrarily and without notice. Community norms are often vague, unwritten, and are enforced by mob rule. Autonomous self-regulation is too complex and costly. Real-world laws, no matter how clear and impartial in real-space, do not have a history that gives any confidence about how they might apply to virtual activity.

Further, academically popular sources of regulation — community norms, and autonomous self-regulation — are the least likely to achieve the rule of law.

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